Downing v. More
Supreme Court of Colorado
Appeal from County Court of Jefferson County. This action was brought by the appellees, Richard B. More and Thomas Howlett, under the eminent domain act, for the purpose of securing the right to enlarge a ditch over intervening land of appellant, and to become joint users with him of such enlarged ditch.
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Appeal from County Court of Jefferson County. This action was brought by the appellees, Richard B. More and Thomas Howlett, under the eminent domain act, for the purpose of securing the right to enlarge a ditch over intervening land of appellant, and to become joint users with him of such enlarged ditch. It appears from the petition and evidence in the case that appellee More was seized and possessed of a certain eighty-acre tract of land, and that appellee Howlett had the possessory right to the adjoining eighty acres, and that the appellant was the owner of a quarter section of improved…
1Opinion of the CourtJustice Hayt
The right of a purely private party to condemn a right of way for a ditch to convey water to his lands for domestic, agricultural and mining purposes is guarantied by the constitution, and the manner of exercising the right is regulated by statute. Tripp v. Overocker, 7 Colo. 72.
Under the statute as it existed prior to the act of 1881 any number of farmers cultivating separate tracts of land below, whenever it became necessary for them to bring water through the lands of another lying above, in order to obtain a sufficient fall for the purpose of irrigation, might each condemn a right of way…
2Cases cited1 opinion
- Tripp v. OverockerSupreme Court of Colorado · 1883
3Cited by7 opinions
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Sand Creek Lateral Irrigation Co. v. DavisSupreme Court of Colorado · 1892
- Hoehne Ditch Co. v. John Flood Ditch Co.Supreme Court of Colorado · 1920
- United States v. O'NeillDistrict Court, D. Colorado · 1912
- Broadmoor Land Co. v. CurrCourt of Appeals for the Eighth Circuit · 1904
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